ORDER : KARDAK ETE, J. 1. Heard Ms. S.B. Choudhury, learned counsel for the petitioner. And also heard Mr. N.J. Khataniar, learned standing counsel, Secondary Education, Assam, for respondent Nos. 1, 2 and 3, Ms. D.D. Barman, learned counsel, for respondent No. 4 and Mr. S.U. Ahmed, learned counsel, for respondent No. 5. 2. The challenge made in this writ petition is to the order dated 28.03.2024 passed by the Inspector of Schools, Barpeta, District Circle, Barpeta, whereby, the respondent No. 5 has been allowed to hold In-Charge Principal of Anchalik Senior Secondary School, Bongaon in the District of Bajali on the ground that the respondent No. 5, being a tutor and junior to the petitioner is not eligible to hold the In-charge Principal. 3. The case of the petitioner, in brief, is that he was appointed as lecturer in Education in Anchalik College (Junior), Bongaon, vide order dated 01.09.1998 issued by the Governing Body of the said College. Subsequently, the said Junior College was provincialised in the year, 2021 as Anchalik Senior Secondary College, Bongaon, Bajali. Accordingly, the services of the teaching and non-teaching staff of the said school have been provincialised on 01.01.2021. 4. As per the order dated 04.02.2021, issued by the Director of Secondary Education, Assam with regard to the seniority and eligibility of the teaching and non-teaching staff of Anchalik Senior Secondary College, Bongaon, the name of the petitioner appeared at Sl. No. 5 and the respondent No. 5 appeared at Sl. No. 6. The designation of the petitioner is shown as PGT (Education) and the respondent No. 5 is shown as PGT (History). The service of the petitioner has been provincialsed as teacher and the respondent No. 5 as tutor. However, the dates of joining as teacher and tutor of the petitioner and the respondent No. 5 are shown as 09.03.1998 and 01.11.1993 respectively. 5. It is the contention of the petitioner that as per the order dated 04.02.2021 at Clause 4 (iii) it provides that the teacher/ tutor must acquire the requisite master degree in case of Higher Secondary/ Senior Secondary School and the date of joining must be on 31.12.2010. 5. It is the contention of the petitioner that as per the order dated 04.02.2021 at Clause 4 (iii) it provides that the teacher/ tutor must acquire the requisite master degree in case of Higher Secondary/ Senior Secondary School and the date of joining must be on 31.12.2010. Therefore, since the petitioner has already acquired the master degree before provincialisation of his service and the respondent No. 5 having been acquired the master degree in the year 2023 after the provincialsation of her service, that too the service of the petitioner has been provincialised as teacher and the service of the respondent No. 5 as tutor, the respondent No. 5 is not eligible to be appointed as Principal and therefore, she cannot be allowed to hold In-Charge Principal of the said school. 6. The petitioner, while apprehending appointment of the respondent No. 5 by which she may be allowed to hold the In-charge Principal of Anchalik Senior Secondary College, Bongaon, has filed a representation on 06.03.2024 to the respondent authorities with a prayer to allow him to hold the In-Charge Principal of Anchalik Senior Secondary College, Bongaon, on the ground that he is serving as teacher in terms of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 and the respondent No. 5 being the tutor would not eligible to hold In-Charge Principal in the said provincilised educational institution. 7. The petitioner, in view of provincialisation of his service as teacher having master-degree, claims to be the senior most teacher of Anchalik Senior Secondary College, Bongaon. It is contended that the respondent authorities without considering the case of the petitioner to hold the post of In-Charge Principal of Anchalik Senior Secondary College, Bongaon, has illegally allowed the respondent No. 5 vide order dated 28.02.2024 in violation of the provisions of relevant Rules and Act, thereby deprived the petitioner to hold the In-Charge Principal of the Anchalik Senior Secondary College, Bongaon. 8. Ms. 8. Ms. B. Choudhury, learned counsel for the petitioner submits that since the provincialisation of the petitioner as teacher and the respondent No. 5 as tutor as well as the seniority position of the petitioner and the respondent No. 5 are not disputed, the action of the respondent authorities in allowing the respondent No. 5 to hold the post of In-Charge Principal of Anchalik Senior Secondary College, Bongaon, is illegal as the same violates the provisions of law and therefore, the same is liable to be set aside and quashed and prayed for a direction to the respondent authorities to allow the petitioner to hold the In-Charge Principal of the said school. 9. Mr. N.J. Khataniar, learned standing counsel, Higher Education Department, Assam while referring to the affidavit-in-opposition filed by the respondent No. 2 submits that the respondents authorities have carefully considered the case of the petitioner and have been found that the petitioner is eligible to be appointed as In-Charge Principal of Anchalik Senior Secondary College, Bongaon, and the appointment of the respondent No. 5 as In-Charge Principal of the said school is erroneous as the petitioner is seniormost having requisite qualification to be appointed as In-Charge Principal of Anchalik Senior Secondary College, Bongaon, Bajali. 10. Mr. S.U. Ahmed, learned counsel for the respondent No. 5 has fairly submitted that in view of the findings of the respondent authorities pursuant to the direction of this Court vide order dated 03.04.2024, the respondent No. 5 is no longer holding the post of In–Charge Principal of Anchalik Senior Secondary College, Bongaon. 11. 10. Mr. S.U. Ahmed, learned counsel for the respondent No. 5 has fairly submitted that in view of the findings of the respondent authorities pursuant to the direction of this Court vide order dated 03.04.2024, the respondent No. 5 is no longer holding the post of In–Charge Principal of Anchalik Senior Secondary College, Bongaon. 11. Having considered the submissions of the learned counsel for the parties and also considering the categorical findings and decision of the respondent authorities to the effect that the petitioner is qualified and eligible to be appointed as In-Charge Principal of Anchalik Senior Secondary College, Bongaon, Bajali and the respondent No. 5 has been erroneously allowed to hold the post of In-Charge Principal of the said school and by now the In-Charge Principal is being held by the Inspector of Schools, Barpeta, I am of the considered view that no live issue appears to be survived as the challenge essentially is to the appointment of the respondent No. 5 as In-Charge Principal of Anchalik Senior Secondary College, Bongaon, Bajali, although the prayer is also made for direction to the respondent authorities to appoint the petitioner as In-Charge Principal of the said school. 12. In view of the above, I am of the view that it would not be appropriate to direct the respondent authorities to appoint any one as In-Charge Principal, rather than to direct the respondents to fill up the post of Principal on regular basis in accordance with the applicable rules. 13. Consequently, while not acceding to the prayer for appointment of In- Charge Principal made by the petitioner, the writ petition is disposed of by granting the respondent authorities liberty to fill up the post of Principal of Anchalik Senior Secondary College, Bongaon, Bajali strictly in accordance with the relevant Rules and Acts. In the event, the respondent authorities decided to fill up the post of Principal of Anchalik Senior Secondary College, Bongaon, Bajali, all the eligible teachers including the petitioner shall be considered. 14. It is provided that till such regular appointment is made, the respondent authorities may consider to appoint the petitioner as In-Charge Principal of Anchalik Senior Secondary College, Bongaon, Bajali by following the relevant Rules and Acts. 15. With the above directions and observations, the writ petition is deposed of.